2.2-1153 - State agencies and institutions to notify Department of property not used or required; criteria.
§ 2.2-1153. State agencies and institutions to notify Department of propertynot used or required; criteria.
A. Whenever any department, agency or institution of state governmentpossesses or has under its control state-owned or leased property that is notbeing used to full capacity or is not required for the programs of thedepartment, agency or institution, it shall so notify the Department. Suchnotification shall be in a form and manner prescribed by the Department. Eachdepartment, agency and institution shall submit to the Department a land useplan for state-owned property it possesses or has under its control showingpresent and planned uses of such property. Such plan shall be approved by thecognizant board or governing body of the department, agency or institutionholding title to or otherwise controlling the state-owned property or theagency head in the absence of a board or governing body, with arecommendation on whether any property should be declared surplus by thedepartment, agency or institution. Development of such land use plans shallbe based on guidelines promulgated by the Department. The guidelines shallprovide that each land use plan shall be updated and copies provided to theDepartment by September 1 of each year. The Department may exempt propertiesthat are held and used for conservation purposes from the requirements ofthis section. The Department shall review the land use plans and determinewhether the property or any portion thereof should be declared surplus to theneeds of the Commonwealth. By October 1 of each year, the Department shallprovide a report to the Chairmen of the House Appropriations and SenateFinance Committees setting forth the Department's findings, the sale ormarketing of properties identified pursuant to this section, and recommendingany actions that may be required by the Governor and the General Assembly toidentify and dispose of property not being efficiently and effectivelyutilized.
Until permanent disposition of the property determined to be surplus iseffected, the property shall continue to be maintained by the department,agency or institution possessing or controlling it, unless upon therecommendation of the Department, the Governor authorizes the transfer of theproperty to the possession or control of the Department. In this event, thedepartment, agency or institution formerly possessing or controlling theproperty shall have no further interest in it.
B. The Department shall establish criteria for ascertaining whether propertyunder the control of a department, agency or institution should be classifiedas "surplus" to its current or proposed needs. Such criteria shall providethat the cognizant board or governing body, if any, of the department, agencyor institution holding the title to or otherwise controlling the state-ownedproperty, or the agency head in the absence of a board or governing body,shall approve the designation of the property as surplus.
C. Notwithstanding the provisions of subsection A:
1. The property known as College Woods, which includes Lake Matoaka and ispossessed and controlled by a college founded in 1693, regardless of whethersuch property has been declared surplus pursuant to this section, shall notbe transferred or disposed of without the approval of the board of visitorsof such college by a two-thirds vote of all board members at a regularlyscheduled board meeting. The General Assembly shall also approve the disposalor transfer.
2. Surplus real property valued at less than $5 million that is possessed andcontrolled by a public institution of higher education may be sold by suchinstitution, provided that (i) at least 45 days prior to executing a contractfor the sale of such property, the institution gives written notification tothe Governor and the Chairmen of the House Appropriations and Senate FinanceCommittees; and (ii) the Governor may postpone the sale at any time up to 10days prior to the proposed date of sale. Such sale may be effected by publicauction, sealed bids, or by marketing through one or more Virginia licensedreal estate brokers after satisfying the public notice provisions ofsubsection A of § 2.2-1156. The terms of all negotiations resulting in suchsale shall be public information. The public institution of higher educationmay retain the proceeds from the sale of such property if the property wasacquired by nongeneral funds. If the institution originally acquired theproperty through a mix of general and nongeneral funds, 50 percent of theproceeds shall be distributed to the institution and 50 percent shall bedistributed to the State Park Conservation Resources Fund established undersubsection A of § 10.1-202. The authority of a public institution of highereducation to sell surplus real property described under this subdivision orto retain any proceeds from the sale of such property shall be subject to theinstitution meeting the conditions prescribed in subsection B of § 23-38.88and § 23-38.112 (regardless of whether or not the institution has beengranted any authority under Subchapter 3 (§ 23-38.91 et seq.) of Chapter 4.10of Title 23).
(1968, c. 717, § 2.1-106.2; 1972, c. 763; 1977, c. 672, § 2.1-505; 1978, c.545; 1984, c. 641; 1995, c. 774; 2001, c. 844; 2004, c. 997; 2005, cc. 933,945; 2009, c. 612.)